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ars01
07-18 11:01 AM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree. The short term relief will be short term. After a year or so we all will be frustrated with the delay in getting GC as that point we will already be tired of renewing EAD (and Advance Parole??) every year. We must work on capturing the unused visas. Otherwise the feeling is correct, no GC for several years after filing.
USCIS allowed filing but there is no guarantee they will open those envelops and starts working on that. They have a good excuse and that is called THE BACKLOG. I think we should suggest Dipa Nair to make a move named "The Backlog" and I am sure bollywood in India can do a nice entertaing job for that as well.
Rahul
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gc_for_desi
04-14 03:00 PM
I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
misanthrope
10-03 02:24 PM
Well, you supported gctest by saying that EB3 consultants work for sleazy, body-shopping companies which clearly implied that EB3 consultants are third class and sleazy. Why don't you just retract the original post of yours and the reds will disappear?
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
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rajagopal_04
01-03 08:12 AM
Today i got reply from Chennai, NIV saying i need to wait somemore days...:mad:
Does anyone got their PP back...? Thanks (My wife had interview on Dec 19th)
Does anyone got their PP back...? Thanks (My wife had interview on Dec 19th)
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andy garcia
03-08 11:54 AM
Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
There is a big difference when you are Irish and can blend with the americans.
Peolpe from other places might raise suspicion and be detained.
What a bunch of ****.
Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.
Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????
There is a big difference when you are Irish and can blend with the americans.
Peolpe from other places might raise suspicion and be detained.
pmb76
08-14 08:59 PM
I agree with Chanakya. Gave you green.
more...
gc_chahiye
07-26 12:13 AM
I am on my 7th yr extension of H1B and my lawyer has told me that once I apply for 485, I can NOT keep renewing my H1B. That is why he insisted on applying for AP.
whats your PD? Is your I-140 approved?
You can get extensions even after the I-485 is filed. The only grey area is if your I-140 is not approved AND your LC PD is < 365 days.
if I-140 is approved, you should get a 3 year extension (AC21 seems to imply you get an extension only if you cant apply for AOS, but USCIS has been interpreting that as if they cant grant you AOS due to PD not being current). A couple of my friends with non current PD and 485 pending for a while have got 3 year extensions
whats your PD? Is your I-140 approved?
You can get extensions even after the I-485 is filed. The only grey area is if your I-140 is not approved AND your LC PD is < 365 days.
if I-140 is approved, you should get a 3 year extension (AC21 seems to imply you get an extension only if you cant apply for AOS, but USCIS has been interpreting that as if they cant grant you AOS due to PD not being current). A couple of my friends with non current PD and 485 pending for a while have got 3 year extensions
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dallasdude
05-13 11:05 AM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
I'm proud of you. Very well said indeed. Just ignore the haters.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
I'm proud of you. Very well said indeed. Just ignore the haters.
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days_go_by
09-13 07:40 PM
But, can i do a small change that "approximately 500,000 potential buyers stranded to invest around $100 Billions in Housing market(assuming that average price of home @$200,000)"
In the housing market terms, $100 Billions is a kicker and no doubt a Winning argument.
-------------
sure, we are struggling to raise 200K for IV's cause and u are talking about raising $100, billion. Housing industry cannot save us, IT has pretty strong lobbying clout, lets concentrate our efforts on IT industry.
In the housing market terms, $100 Billions is a kicker and no doubt a Winning argument.
-------------
sure, we are struggling to raise 200K for IV's cause and u are talking about raising $100, billion. Housing industry cannot save us, IT has pretty strong lobbying clout, lets concentrate our efforts on IT industry.
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mirage
08-12 07:00 PM
No, Haven't got any response yet. But if we are able to send atleast a 100 letter with same concern, I'm sure atleast Rep. Zoe Logfren will raise the issue with USCIS...
mirage,
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
mirage,
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
more...
rheoretro
09-14 09:24 AM
Point 1: We need to target news media here in the US primarily, not abroad. All good publicity is welcome, though. Please see a new thread started today by one of the moderators called "Ideas to increase Publicity of IV." There are key action items outlined there that every member can help out with.
Point 2: What will be shared (and with whom) will be decided soon by the core group. We used to send out regular updates, but that has suffered lately because we are all volunteers and some volunteers who were in charge of it are tied down with other things at work and home.
Point 3: We are already talking to people in academia and the academies.
Point 4: No member is "discounted." All are welcome, but we really need non-paying members to start chipping in money. What people decide to contribute is their business, and entirely theirs. Whether it is $20 or $50 or $100 or $500...that is entirely the call of the individual. This activity is not cheap, rather it requires a steady cash flow. We are obligated under the laws to hire a CPA and everything will be handled and accounted for.
Hi rheoretro,
First of all I commend your and everyone in putting their effort. I totally agree with you that we need more people and money. I think people are first to come and money will automatically follow.
While word-of-mouth is effective we can augment this to get attention using other means:
1. We can persuade news portals to advertise for our cause in a corner that might help us to get more people. Most Indians I know read Indian news everyday. If we can convince e.g., eenadu.net a telugu newspaper, to run ads we can get attention of lot people.
2. Please start selling the current acheivements that are not confidential. Like you might have been successful in persuading a high profile senator about this problem. Put his quotes on our site and also possible grab attention from bloggers.
3. If we can also tap academia who support skilled immigration that would help us. Let us put there studies in our reference section (I am assuming we didn't do this yet). This
makes senator to reference our site and make their lives easy.
4. Please do not discount freewill members who do not have a GC problem but savor
helping others with immigration problem. It could be Americans or Immigrants we'll get them all in.
I think these actions will help us grow our strength. I know it is easy said than done. I will send a mail to rediff and eenadu to put our banner on their frontpage. If anyone has contacts working for these website. That will make it whole lot easier.
-Kishore.
Point 2: What will be shared (and with whom) will be decided soon by the core group. We used to send out regular updates, but that has suffered lately because we are all volunteers and some volunteers who were in charge of it are tied down with other things at work and home.
Point 3: We are already talking to people in academia and the academies.
Point 4: No member is "discounted." All are welcome, but we really need non-paying members to start chipping in money. What people decide to contribute is their business, and entirely theirs. Whether it is $20 or $50 or $100 or $500...that is entirely the call of the individual. This activity is not cheap, rather it requires a steady cash flow. We are obligated under the laws to hire a CPA and everything will be handled and accounted for.
Hi rheoretro,
First of all I commend your and everyone in putting their effort. I totally agree with you that we need more people and money. I think people are first to come and money will automatically follow.
While word-of-mouth is effective we can augment this to get attention using other means:
1. We can persuade news portals to advertise for our cause in a corner that might help us to get more people. Most Indians I know read Indian news everyday. If we can convince e.g., eenadu.net a telugu newspaper, to run ads we can get attention of lot people.
2. Please start selling the current acheivements that are not confidential. Like you might have been successful in persuading a high profile senator about this problem. Put his quotes on our site and also possible grab attention from bloggers.
3. If we can also tap academia who support skilled immigration that would help us. Let us put there studies in our reference section (I am assuming we didn't do this yet). This
makes senator to reference our site and make their lives easy.
4. Please do not discount freewill members who do not have a GC problem but savor
helping others with immigration problem. It could be Americans or Immigrants we'll get them all in.
I think these actions will help us grow our strength. I know it is easy said than done. I will send a mail to rediff and eenadu to put our banner on their frontpage. If anyone has contacts working for these website. That will make it whole lot easier.
-Kishore.
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s_r_e_e
06-02 09:45 PM
I am finding Soft LUDs on all my old h1bs (from first one) over last 10 months. One of them is a hard LUD and it is about the previous employer revoking H1B. But there are Soft LUDs prior and later to that on other H1Bs. All H1Bs are from big / medium corps and no known status issues / violations. They havnt touched the 485s since FP date.
08/19/2007 (H1B approved Nov 2000)
01/31/2008 (H1B revoke status changed to reopend)
04/20/2008 (I140)
04/26/2008 (H1B approved Nov 2003)
05/18/2008 (H1B April 2005)
05/31/2008 (H1B June 2005)
Any one seen this before?..
Now that they have touched all my H1Bs , I think I will get to find out sooner or later if there they are upto some thing :D
08/19/2007 (H1B approved Nov 2000)
01/31/2008 (H1B revoke status changed to reopend)
04/20/2008 (I140)
04/26/2008 (H1B approved Nov 2003)
05/18/2008 (H1B April 2005)
05/31/2008 (H1B June 2005)
Any one seen this before?..
Now that they have touched all my H1Bs , I think I will get to find out sooner or later if there they are upto some thing :D
more...
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justAnotherFile
07-18 08:09 PM
Latest on this on Greg Siskind's blog...
"Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group"
http://blogs.ilw.com/gregsiskind/2007/07/july-2nd-filers.html
"Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group"
http://blogs.ilw.com/gregsiskind/2007/07/july-2nd-filers.html
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smartboy75
10-12 05:17 PM
or may be a virus attack ... too coincidental to have sent notice on same day ...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
more...
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fatnslow
06-19 12:39 PM
Just wondering, how do you actually skin it? New layers etc, how do you apply colors etc etc. Just a small question from a PS noob :P
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laborchic
12-08 12:12 PM
This is an excellent idea. For those who have already registered on change.gov know how effectively the president-elect is using this website. I get regular updates on whats happening with their healthcare initiative and they also regularly ask for people's opinion on different issues.
Alterego: Great point-to-point elaboration. Folks remember to add up your own story based on these points and I think we can expect some positive results.
We need to increase the intensity of this campaign.
Alterego: Great point-to-point elaboration. Folks remember to add up your own story based on these points and I think we can expect some positive results.
We need to increase the intensity of this campaign.
more...
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GCOP
08-12 02:21 PM
I know, there might not be sufficient time to get this bill passed in remaining days. But we should try , there is a slight chance, it may pass. Let us Hope for that.
Chances of this bill passing through all the steps are very slim in this year.
Chances of this bill passing through all the steps are very slim in this year.
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tb2904
08-11 02:11 PM
Done.
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vamsi_poondla
11-06 03:37 PM
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
I agree. But intent of law usually gets distracted once reality set's in. Not sure how we comparing 1999 to 2007 is right. Because many things changed.
India which was doing low profile maintenance and support work became a global leader in outsourcing.
You can also count #of folks coming to US on F1. Significant % of them become H1Bs.
Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
I agree. But intent of law usually gets distracted once reality set's in. Not sure how we comparing 1999 to 2007 is right. Because many things changed.
India which was doing low profile maintenance and support work became a global leader in outsourcing.
You can also count #of folks coming to US on F1. Significant % of them become H1Bs.
Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.
vsrinir
09-17 10:39 AM
As Last time they did ...will there be lunch recess around 11:30am?????
lost_in_gc_land
01-31 04:36 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
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